Statutory Instruments
Electronic Communications
Made
6th June 2014
Coming into force
27th June 2014
The Office of Communications (“OFCOM”), in exercise of the powers conferred by section 8(3) of the Wireless Telegraphy Act 2006(1) (“the Act”), make the following Regulations.
Before making these Regulations OFCOM have given notice of their proposal to do so in accordance with section 122(4)(a) of the Act, published notice of their proposal in accordance with section 122(4)(b) of the Act and have considered the representations made to them before the time specified in that notice in accordance with section 122(4)(c) of the Act.
1. These Regulations may be cited as the Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2014 and shall come into force on 27th June 2014.
2.—(1) The Wireless Telegraphy (Exemption and Amendment) Regulations 2010(2) are amended in accordance with the following paragraphs of this regulation.
(2) In regulation 5 (short range devices), for ““IR 2030 – UK Interface Requirements 2030 Licence Exempt Short Range Devices”, published by OFCOM in June 2013”, substitute ““IR 2030 – UK Interface Requirements 2030 Licence Exempt Short Range Devices”, published by OFCOM in June 2014”.
(3) After regulation 8, insert—
The use of wireless telegraphy apparatus complying with the publication “IR 2093 – UK Interface Requirement 2093 Earth Stations on Mobile Platforms (ESOMPs)” published by Ofcom in February 2014, is exempt from the provisions of section 8(1) of the Act, if—
(a)it does not cause or contribute to any undue interference to any wireless telegraphy;
(b)it is not used on board an aircraft and use is not otherwise airborne;
(c)it is not used on board a ship.
The use of wireless telegraphy apparatus complying with the publication “IR 2027.2 – UK Radio Interface Requirement 2027.2 for AM/SSB and DSB use in the Citizens’ Band Radio Service” published by Ofcom in June 2014, is exempt from the provisions of section 8(1) of the Act, if it does not cause or contribute to any undue interference to any wireless telegraphy.”.
Philip Marnick
Group Director of Spectrum Policy Group
For and by the authority of the Office of Communications
6th June 2014
(This note is not part of the Regulations)
These Regulations amend regulation 5 of the Wireless Telegraphy (Exemption and Amendment) Regulations 2010 (S.I. 2010/2512) (the “2010 Regulations”), which exempts short range devices, to refer to an updated interface requirement (IR 2030). This interface requirement has been amended to reflect Commission Decision 2013/752/EU amending Decision 2006/771/EC on harmonisation of the radio spectrum for use by short-range devices (OJ No L 334, 13.12.2013, p.17). It has also been amended to extend the exemption to short range devices in the 870-876 MHz and 915-921 MHz frequency bands.
Regulation 2(3) also amends the 2010 Regulations by inserting regulation 9, which creates a new exemption for land-based earth stations on mobile platforms complying with the relevant interface requirement, and regulation 10, which creates a new exemption for Citizens’ Band radio equipment.
Interface requirements are published by OFCOM in accordance with Article 4.1 of Directive 1999/5/EC of the European Parliament and of the Council on Radio Equipment and Telecommunications Terminal Equipment and the mutual recognition of their conformity (OJ No L 91, 7.4.1999, p10). Copies of interface requirements referred to in these Regulations may be obtained from OFCOM at Riverside House, 2a Southwark Bridge Road, London SE1 9HA and are available on the OFCOM website at http://www.ofcom.org.uk.
A full regulatory impact assessment of the effect that these Regulations will have on costs to business is available to the public from OFCOM’s website at http://www.ofcom.org.uk or from the OFCOM library at Riverside House, 2a Southwark Bridge Road, London SE1 9HA (Tel: 020 7981 3000). Copies of this assessment have also been placed in the library of the House of Commons.
S.I. 2010/2512, amended by S.I. 2011/3035 and S.I. 2013/1253